Liquidated Damages for Late Delivery Sample Clauses

Liquidated Damages for Late Delivery. (a) Should Supplier fail to make a timely delivery of any Work in accordance with this Purchase Order’s delivery schedule, then Flyer shall be entitled to receive, and Supplier shall pay, compensation in the form of liquidated damages and not as a penalty. (b) Supplier shall be entitled to a ten (10) day grace period in which to deliver late Work. In the event Supplier fails to complete delivery of late Work within the grace period, then the amount of liquidated damages shall accrue at the rate of one and one-half percent (1.5%) of the price of the portion of the Work which is subject to delay for each day of delay beginning on the first day of the scheduled delivery date. The liquidated damages charged shall not exceed ten percent (10%) of the price of the portion of the Work delayed. Liquidated damages arising under this Purchase Order may be deducted by Flyer, in whole or in part, from any payments due Supplier following the late delivery of any such Work. (c) Supplier agrees that liquidated damages in the foregoing amounts are reasonable considering the anticipated harm caused by the late delivery, the difficulties of the proof of loss, and the inconvenience or non-feasibility of otherwise obtaining an adequate remedy. (d) In no event shall failure to assess liquidated damages be considered a waiver of Flyer’s rights in this or any other articles or clauses.

Liquidated Damages for Late Delivery. (a) The Parties acknowledge and agree that failure to meet the Delivery Dates will cause substantial financial loss or damage being sustained by the other Party. The Parties further acknowledge and agree that the following liquidated damages are believed to represent a genuine estimate of the loss that would be suffered by Customer by reason of any such delay (which losses would be difficult or impossible to calculate with certainty), and are neither intended as a penalty nor operate as a penalty. (b) In the event Contractor fails to Deliver the Satellite within [***Redacted***] of the scheduled Delivery Date, or such other date as may be mutually agreed to in writing by Contractor and Customer, Contractor agrees to pay Customer as liquidated damages and not as a penalty, the sum of [***Redacted***] for the period beginning on the [***Redacted***] of the delay or the first day following any agreed to extension, if applicable. Damages shall be paid until the earlier of completion of Satellite Delivery or for a maximum of [***Redacted***] (the “Liquidated Damages Period”). The total amount of Liquidated Damages under this Section (b) for failure to meet the Delivery Date for the Satellite shall not exceed [***Redacted***]. (c) Notwithstanding anything else in this Agreement to the contrary, in the event and only to the extent that the failure to meet the Delivery Date is caused primarily (i) by Customer’s failure to provide Launch Services as scheduled, (ii) by the failure of Customer to deliver the WV110 Instrument for integration with the bus, or (iii) the failure by Customer to deliver any other CFE as scheduled (the “Customer Delay”) and the bus is ready for Instrument integration as agreed upon by the Parties, then Contractor will not be subject to Liquidated Damages for failure to meet the Delivery Date for such period of Customer Delay. (d) In the event of a Customer Delay or such other date as may be mutually agreed to in writing by Contractor and Customer and the Work to be delivered by Contractor hereunder is ready for the integration phase of the Satellite bus and the WV110 Instrument, Customer agrees to pay Contractor as liquidated damages and not as a penalty, the sum of [***Redacted***] for the period beginning on the [***Redacted***] of the delay or the first day following any agreed to extension, if applicable. Damages shall be paid until the earlier of completion of Satellite Delivery or a maximum of [***Redacted***]. The total amount of liq...

Liquidated Damages for Late Delivery. SP acknowledges that the above Performance Schedule above is critical and material to performance of this SOW and for the avoidance of substantial loss to GE, and that SP’s unexcused failure to meet the Performance Schedule without GE’s written consent may lead to the application of liquidated damages as specified in this Section. In the event that any performance is delayed beyond the Performance Schedule due to any causes not expressly excused by the terms of the MSA, SP shall pay to GE the following, as liquidated damages, and not as a penalty, a sum equal to Insert formula here – e.g. the following portion of the SOW total price for each full <choose week/day> of delay in delivery (up to a maximum of _______ % of the SOW total price): < _______% / $_______ > for the first_______ <choose weeks/days>, <_______ % / $_______ > for the following_______<choose weeks/days>, and <_______ % / $_______ > for all remaining <choose weeks/days> <choose percentage or flat amount; use flat amount if price is not definite when entering into SOW>.

Liquidated Damages for Late Delivery. For the first 3 calendar days beyond the agreed upon delivery date, the manufacturer will pay to the seller as liquidated damages the sum of 0.3%/per day of purchase order total (not to include taxes, freight and shipping costs). After the first 3 calendar days liquidated damages shall increase to the sum of O.5%/per day of the purchase order total (not to include taxes, freight and shipping costs). If the Seller does not pay in accordance to the purchase order terms, Manufacturer will not incur any late fees. Seller agrees to the same penalty terms as manufacturer regarding late payment subject to the terms in Purchase Order.

Liquidated Damages for Late Delivery. (A) Contractor understands that delays in Delivery of Satellites required herein may cause Purchaser to incur additional cost, loss of revenues and other damages, which damages are difficult to estimate but the Parties acknowledge are likely to be significant. Accordingly, the Parties agree to fixed and liquidated damages for late Delivery of Satellites which damages are intended to be compensatory, not a penalty and are in lieu of actual damages incurred by the Purchaser. (B) The required Delivery Dates for Spacecraft under this Contract are the following : TOTAL: 5 Satellites (FM 2,3,4,5,6) Sep 30, 2009 Sep 30, 2009 Sep 30, 2009 TOTAL: 9 Satellites (FM 7,8,9,10) Nov 13, 2009 Nov 13, 2009 Nov 13, 2009 TOTAL:13 Satellites (FM 11,12,13,14) Dec 11, 2009 Dec 11, 2009 Dec 11, 2009 TOTAL: 17 Satellites (FM 15,16,17,18) Jan 8, 2010 Jan 8, 2010 Jan 8, 2010 TOTAL: 21 Satellites (FM 19,20,21,22) Feb 5, 2010 Feb 5, 2010 Feb 5, 2010 TOTAL: 24 Satellites (FM 23,24,25) Feb 26, 2010 N/A N/A TOTAL: 29 Satellites (FM 26,27,28,29,30) Mar 26, 2012 N/A N/A TOTAL: 33 Satellites (FM 31,32,33,34) Jul 24, 2012 N/A N/A TOTAL: 37 Satellites (FM 35,36,37,38) Nov 21, 2012 N/A N/A TOTAL: 41 Satellites (FM 39, 40, 41, 42) Mar 21, 2013 N/A N/A TOTAL: 45 Satellites (FM 43,44,45,46) Jul 19, 2013 N/A N/A TOTAL: 48 Satellites (FM 47,48, PFM1) Sep 17, 2013 N/A N/A TOTAL: 25 Satellites (FM 23,24,25,26) N/A Feb 26, 2010 Mar 5, 2010 TOTAL: 29 Satellites (FM 27,28,29,30) N/A Jun 26, 2010 Apr 2, 2010 TOTAL: 33 Satellites (FM 31,32,33,34) N/A Oct 24, 2010 Apr 30, 2010 TOTAL: 37 Satellites (FM 35,36,37,38) N/A Feb 21, 2011 May 28, 2010 TOTAL: 41 Satellites (FM 39,40,41,42) N/A Jun 21, 2011 Jun 25, 2010 TOTAL: 45 Satellites (FM 43, 44,45,46) N/A Oct 18, 2011 Jul 23, 2010 TOTAL: 48 Satellites (FM 47,48, PFM1) N/A Dec 18, 2011 Aug 6, 2010 The Parties agree that they will negotiate in good faith to create a Table, to substitute for the above Table, reflecting the actual number of Spacecraft per Batch (the first Batch to include appropriate spare Spacecraft(s)) in alignment with Purchaser’s selected Launch Services Agreement commitments for the numbers of Spacecraft per launch. (C) In the event Contractor has not successfully completed PSR for the last Spacecraft of each Batch as set forth in the Table in Article 18(B) on or before the sixtieth (60th) Day (90th Day for the first Batch) after each respective date set forth in such Table, then for each Day thereafter that the PSR of such Spacecraft has n...

Liquidated Damages for Late Delivery. If CCX is unable to deliver the Bulk Drug Product to VF in accordance with the terms of a Firm Order due to an act or omission by CCX or any of its agents, subcontractors or suppliers (a “Late Delivery”), CCX will, solely to the extent liquidated damages are actually received by CCX from its CMO for Bulk Drug Product, pay to VF its share of such liquidated damages received from such CMO. As of the Effective Date, CCX’s CMO for Bulk Drug Product is Patheon Pharmaceuticals Inc., and the liquidated damages are as follows: (a) If Bulk Drug Product delivery occurs [***] days after the applicable Delivery Date, CCX pays [***]; (b) If Bulk Drug Product delivery occurs [***] days after the applicable Delivery Date, CCX reimburses to VF [***]% of the cost to VF of the applicable Firm Order; (c) If Bulk Drug Product delivery occurs [***] days after the applicable Delivery Date, CCX reimburses to VF [***]% of the cost to VF of the applicable Firm Order; (d) If Bulk Drug Product delivery occurs [***] days after the applicable Delivery Date, CCX reimburses to VF [***]% of the cost to VF of the applicable Firm Order; (e) If Bulk Drug Product delivery occurs [***] days after the applicable Delivery Date, CCX reimburses to VF [***]% of the cost to VF of the applicable Firm Order; or (f) If Bulk Drug Product delivery occurs [***] or more days after the applicable Delivery Date, CCX reimburses to VF [***]% of the cost to VF of the applicable Firm Order; A Late Delivery will not include any delay in shipment of Bulk Drug Product while CCX is exercising a right of excused performance in accordance with the requirements of Section 13.5.

Liquidated Damages for Late Delivery. 17.1. Liquidated damages for late delivery of the ESAT Communication System 17.1.1 The Parties agree that failure of the Contractor to meet the delivery dates as defined in Article 5 (Delivery Schedule), may cause DBSI to incur additional costs, loss of anticipated revenues and other damages. Accordingly, the Contractor and DBSI agree to Liquidated Damages for Late Delivery under this Contract as provided below, which damages are intended to be compensatory and do not constitute a penalty.

Liquidated Damages for Late Delivery. (A) Contractor understands that delays in Delivery of Deliverable Items required herein may cause Purchaser to incur additional cost, loss of revenues and other damages, which damages are difficult to estimate but the Parties acknowledge are likely to be significant. Accordingly, the Parties agree to fixed and liquidated damages for late Delivery of Deliverable Items which damages are intended to be compensatory, not a penalty and are in lieu of actual damages incurred by the Purchaser. (B) In the event Contractor has not successfully completed the Control Network Facility Acceptance Review on or before the sixtieth (60th) Day after the due date as set forth in Section 2.7 of Exhibit A, then for each Day thereafter until completion of the Satellite Control Network Acceptance Review, Contractor agrees to pay Purchaser, as liquidated damages, [*] of the price of the Deliverable Item as set forth in Article 4 which caused the delay, up to a maximum of [*] of the price of the delayed Deliverable Item. (C) Payment of liquidated damages due to Purchaser shall be made within thirty (30) Days after receipt of an emailed invoice by Contractor from Purchaser. (D) Delays in delivery shall be excused and the delivery date(s) shall be extended, as appropriate, to reflect the following conditions: (i) if delay in Delivery is due to any cause referred to in Article 17; or (ii) the execution of a Stop Work pursuant to Article 22 which results in an extension of the Delivery Schedule; or (iii) if the delay is due to a cause or causes attributable to the Purchaser. (E) The liquidated damages set forth herein reflect the mutual agreement of the Parties as fair and reasonable compensation for a delay in Delivery.

Liquidated Damages for Late Delivery. It is understood and agreed that time is of the essence and that in the case of failure on the part of the Contractor, except with the written consent of the LCO, to complete the furnishing and delivery of the electronic pages and/or the browsable HTML versions as provided for in the contract within the times required, the CGA shall have the right to deduct from any moneys due or which may become due, or if no moneys shall become due, the right to recover, the amount of five hundred dollars ($500.00) for each calendar day elapsing between the time agreed for delivery and the actual date of delivery, in accordance with the terms of the contract, the deduction to be made or the sum to be recovered as liquidated damages.

Liquidated Damages for Late Delivery. The SELLER shall ensure delivery of DRAINAGE SYSTEM to the BUYER well within the agreed delivery date. In the event of delay in delivery of the DRAINAGE SYSTEM by the SELLER beyond the agreed delivery date, the SELLER will be liable to pay liquidated damages to the BUYER at 0,5 % of the total value of this agreement per every full week of delay. The max. liquidated % of the total value. is set to 5 Xxxx Xxxxxx 1.11.13 13:46 Xxxx Xxxxxx 1.11.13 13:47 8. SELLER’S Obligations. SELLER shall deliver, and warrant the DRAINAGE SYSTEM at the Sea Port Jeddah in accordance with the schedule set forth in Annexure C hereto (the "SUPPLIER OBLIGATION"). SELLER shall be fully responsible for all costs associated with delivery of the DRAINAGE SYSTEM to Sea port Jeddah.